New York, N.Y. (February 23, 2022) - In 2021, the New York State Legislature and the New York City Council were customarily active in adopting new laws and amending existing laws touching on labor and employment. Employers in these jurisdictions must continue to stay nimble in adjusting themselves to changes in the law that impact how they operate in a myriad of respects. We summarize the key developments below.
NEW YORK STATE
New York formally legalized recreational marijuana use for adults aged 21 and older, thereby creating a new protected class. Adults are now permitted to consume, possess, purchase, display, obtain, and transport marijuana in limited quantities. In addition, the law also creates a new class of individuals entitled to reasonable accommodations in the workplace. Because medical practitioners are now able to recommend medical marijuana for treatment of any condition, the possible realm of "certified medical marijuana users" has been expanded to include more than just individuals suffering from a "serious medical condition." Employers are prohibited from discriminating against employees based on their off-duty use of marijuana. Employers may, however, prohibit marijuana use during work hours, on company property, and while an employee is using company equipment or property. Employers may take adverse action against employees for on-duty marijuana use when appropriate, such as when an employee is impaired by marijuana while at work.
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